Personal Injury & Medical Malpractice

  • May 23, 2024

    Length A 'Red Herring' In Black Student's Hair Bias Case

    A Black Texas high school student claiming his Houston-area district is discriminating against him for wearing his hair in locs told a Galveston judge Thursday the district forces students to choose a religion if they want to style their hair outside the district's dress code, as he fought off multiple dismissal bids.

  • May 23, 2024

    LA Jury Awards $58M To Train Yard Worker Injured In Slip

    A train yard worker was awarded over $58 million this week by a Los Angeles jury due to an injury that he says occurred when he slipped on top of a wet train car, which resulted in a fractured foot and a diagnosis of complex regional pain syndrome. 

  • May 23, 2024

    Pipe Supplier Can't Nix $2.6M 'Take Home' Asbestos Verdict

    A California appeals panel won't upend a $2.6 million verdict against J-M Manufacturing Co. Inc. in a case alleging a man contracted mesothelioma because of his brother's work, rejecting the company's argument that the court should apply a duty standard for negligence claims to the man's strict liability claim.

  • May 23, 2024

    Ex-Kline & Specter Atty Fights Firm's Counterattack

    An ex-Kline & Specter PC attorney struck back at the firm's counterclaims in a court battle after he departed and started a solo practice, arguing to a Pennsylvania state court that the firm wasn't privy to the client communications that formed the basis of its argument.

  • May 23, 2024

    Estate Sues Hanover For $13.4M Judgment In Death Suit

    The Hanover Insurance Group has refused to pay a judgment of nearly $13.4 million to the family of a man who died in the care of a Connecticut group home, according to a lawsuit in state court.

  • May 23, 2024

    Fertility Doc Says Fraudulent Insemination Suit Filed Too Late

    A Connecticut doctor accused of using his own sperm to artificially inseminate a patient instead of the donor sperm she agreed to use has argued that his former patient and her daughter cannot pursue claims against him more than 36 years after the alleged fraudulent insemination.

  • May 23, 2024

    BakerHostetler Faces Suit Over Murdaugh Case Work

    BakerHostetler and one of its attorneys have been slammed with a lawsuit alleging they instructed an investigative agency to withhold information on the family of Alex Murdaugh, the South Carolina attorney serving a life sentence for killing his wife and son, and then refused to pay the agency its related expenses.

  • May 23, 2024

    DC Judge Bars Giuliani From Defaming Ga. Poll Workers

    A D.C. federal judge has entered an injunction barring Rudy Giuliani from repeating lies that two Georgia poll workers meddled with the 2020 presidential election, resolving a second lawsuit the election workers launched after securing a $146 million judgment against the former New York City mayor.

  • May 23, 2024

    NYC Mayor And Assault Accuser Spar Over Discovery 'Theatrics'

    The first conference in a lawsuit alleging New York City Mayor Eric Adams sexually assaulted a Police Department colleague in 1991 grew heated Thursday, as attorneys on both sides accused the others of improper discovery gambits.

  • May 23, 2024

    J&J Loses Expedited Bid For Beasley Allen Docs In Talc MDL

    Johnson & Johnson has lost its bid in New Jersey federal court to have the Beasley Allen Law Firm quickly produce documents related to what J&J said seems to be an "intentional effort" by the firm to "bias the vote" against a proposed $6.5 billion reorganization plan for its talc subsidiary.

  • May 23, 2024

    GSK, Boehringer Prevail In 1st Zantac Cancer Trial

    A Chicago jury found Thursday that Zantac heartburn medication and its generic counterparts sold by GlaxoSmithKline and Boehringer Ingelheim are not responsible for an Illinois woman's colon cancer and her subsequent, debilitating symptoms, handing the drug companies a decisive victory in the first of hundreds of such cases to go to trial.

  • May 23, 2024

    Alex Jones Atty Escapes Suspension, For Now

    The Connecticut Appellate Court on Thursday threw out the six-month suspension of Norm Pattis, the lead attorney in Infowars host Alex Jones' Sandy Hook Elementary School defamation trial, ordering new proceedings against the attorney for supervising the transmission of the victims' confidential records to other Jones lawyers.

  • May 22, 2024

    Caesars Escapes Privacy Suit Over Online Video Games

    A New Jersey federal judge on Wednesday tossed without prejudice a proposed class action accusing Caesars of illegally sharing the personal identifying information of those who played video games on its casino website, saying the online games are not covered under the law the plaintiff alleges the casino violated.

  • May 22, 2024

    Nursing Home Asks Ill. Justices For Broad COVID Immunity

    An Illinois nursing home facing wrongful death suits over an outbreak of COVID-19 told the state's highest court Wednesday that plaintiffs were trying to have it "both ways," by claiming Gov. J.B. Pritzker's grant of pandemic-related immunity to healthcare facilities was both clear and ambiguous.

  • May 22, 2024

    Monsanto's Appellate Win Won't Nix $438M PCB Loss

    A Washington state trial judge has declined to throw out a $438 million judgment against Monsanto in one of a series of PCB poisoning suits tied to a school site, rejecting the company's argument that the judgment cannot stand on the heels of a state appellate court ruling reversing another plaintiffs' win in the case group.

  • May 22, 2024

    Seattle Sues Train Cos. Over Bike Track-Crossing Suits

    The city of Seattle says two short-line railroads have breached agreements to maintain liability insurance and indemnify the city in lawsuits from cyclists injured crossing tracks along a perilous stretch of a popular bike trail, according to a complaint filed in Washington state court.

  • May 23, 2024

    Sunsetting Section 230 Gains Traction On Both Sides Of Aisle

    Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.

  • May 22, 2024

    Cancer Patients Target J&J Talc Unit's Asset Shuffles

    Cancer patients who have sued Johnson & Johnson alleging that its talcum powder caused their illness alleged Wednesday that the company has tried to intentionally prevent tort victims from getting their day in court through a scheme of fraudulent corporate transactions.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Developer Had No Duty To Verify Flood Model, Court Hears

    A Houston-area developer indicated before a state appeals court Wednesday that the consequences of entering a judgment in favor of more than 400 homeowners whose properties flooded during Hurricane Harvey would be catastrophic, as their claims boil down to the developer's alleged failure to double-check modeling conducted by an outside consultant.

  • May 22, 2024

    Evidence Shaky In First Zantac Cancer Trial, Drugmakers Say

    Attorneys for GlaxoSmithKline and Boehringer Ingelheim told a Chicago jury Wednesday that no one besides a plaintiff's paid witnesses have said publicly that Zantac heartburn medication causes colon cancer, calling on the jurors to reject claims that the companies owe $640 million for a woman's cancer diagnosis.

  • May 22, 2024

    Juvenile Facilities Across Pa. Sued For Sexual Abuse

    Over 60 people filed lawsuits against the Pennsylvania Department of Human Services and the owners of several juvenile detention facilities Wednesday alleging widespread sexual abuse inflicted upon residents by staff at the facilities.

  • May 22, 2024

    DuPont 'Document Dump' Rattles NC In PFAS Suit

    North Carolina and DuPont on Wednesday battled over what the state called a roughly 5 million-page "document dump" ahead of a looming June 3 discovery deadline in its contamination lawsuit, irking a business court judge in the process.

  • May 22, 2024

    GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers

    Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border. 

  • May 22, 2024

    Uvalde Families Ink $2M Deal With City Over School Shooting

    The families of 19 victims of the deadly May 2022 shooting at Robb Elementary School announced Wednesday that they've reached a presuit settlement with the city of Uvalde, Texas, that includes $2 million in payments to the families and commitments to better train police officers in their shooting responses.

Expert Analysis

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Opinion

    FDA And Companies Must Move Quickly On Drug Recalls

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    When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

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